Author Archives: Hall

N.D.Ind.: The Rodriguez question is: Did the use of the dog prolong the stop

“The answer to this question doesn’t hinge on ‘whether the dog sniff occurs before or after the officer issues a ticket’ but whether the dog sniff ‘prolongs’ the stop. [Rodriguez] at 357. The answer today is undoubtedly no. Deputy Samuelson, … Continue reading

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D.Utah: Officer finding an arrest warrant led to inevitable discovery

“As outlined above, Smith has put forth no evidence that he could have made a successful Fourth Amendment challenge to the stop and search of his vehicle. Even if he did, Smith could not demonstrate prejudice. As noted above, Trooper … Continue reading

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E.D.N.Y.: Stop in the recheck line at JFK shortly after clearing customs was still within the border search area

Defendant’s stop in the recheck line at JFK shortly after clearing customs was still within the border search area. United States v. Newton, 2021 U.S. Dist. LEXIS 195145 (E.D.N.Y. Oct. 8, 2021). Reversed yet again for lack of proper findings … Continue reading

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CA6: Safe that could have held object of SW could be broken into

A firearm in defendant’s bedroom is at least probable cause for constructive possession. A search warrant for the premises here permitted police to break into a safe that could have held the object of the search. United States v. Mitchell, … Continue reading

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D.Minn.: On “four corners review,” the affidavit is not misleading and it shows PC

On four corners review of the affidavit for search warrant, “This Court concludes that the statements made in the affidavit about Defendant living at the Euclid address were not untruthful or recklessly made; therefore, they permissibly allowed a judicial officer … Continue reading

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DC: PC from the fair inference def had more than the “permissible amount” of MJ

“From all the foregoing, Officer Lojacono could reasonably believe that there was a fair probability that the amount of marijuana he saw in the car exceeded the legally permissible amount” of two ounces. Thus, the automobile exception applied. Harris v. … Continue reading

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DC: Police on the scene in less than 30 seconds after Shotspotter alert was RS here

It was reasonable for officers to conclude that reasonable suspicion existed when they arrived within 30 seconds of a Shotspotter alert. “This immediacy also limits the possibility that the culprit (or culprits) could have fled before the officers arrived. In … Continue reading

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S.D.Tex.: Particularity and GFE are lacking; hearing set on motion to suppress

Neither the affidavit nor search warrant apparently sufficiently limit the search. The court has difficulty applying the good faith exception without a hearing on the motion to suppress. United States v. Mokbel, 2021 U.S. Dist. LEXIS 191789 (S.D.Tex. Oct. 5, … Continue reading

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OH9: ‘A determination that reasonable suspicion exists, however, need not rule out the possibility of innocent conduct. Terry accepts the risk that officers may stop innocent people.’”

“‘A determination that reasonable suspicion exists, however, need not rule out the possibility of innocent conduct. Terry accepts the risk that officers may stop innocent people.’” State v. Kleintop, 2021-Ohio-3584, 2021 Ohio App. LEXIS 3493 (9th Dist. Oct. 6, 2021). … Continue reading

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W.D.N.Y.: Ongoing murder investigation with other SWs executed did not make this SW stale

Three weeks passed in a murder investigation between officers thinking they might have to search and getting the search warrant. Other search warrants were obtained in the interim, and the investigation was ongoing. The delay was reasonable. United States v. … Continue reading

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CA6: Def counsel not ineffective for not challenging car search on curtilage from 2008 under Jardines and Collins

Defense counsel considered and chose not to file a motion to suppress. At the time (2008) the law was less clear than now about automobiles on the curtilage and computers in the car as a “container.” Jardines and Collins came … Continue reading

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D.Mass.: Court sua sponte reconsiders denial of Franks challenge and grants it

The court sua sponte reconsiders its prior denial of a motion to suppress for a Franks violation and grants it. The critical paragraph in the affidavit identifying defendant was clearly misstated. United States v. Hallman, 2021 U.S. Dist. LEXIS 191780 … Continue reading

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E.D.Pa.: Multitude of facts supports nexus of evidence of robbery to def’s home

“Based upon the magnitude of the facts described in the search warrant affidavit, the issuing judge was justified in drawing a reasonable inference that physical evidence of Defendant’s alleged robberies would be found at his home. Defendant’s charged crimes, two … Continue reading

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KY: Stop of a known druggy on the street was without RS

Two officers in two cars pulled up on defendant walking down the street with another known druggy. The officers and defendant knew each other because they’d arrested him before. The trial court did not err in finding this was a … Continue reading

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E.D.N.Y.: 101 day delay in cell phone SW after seizure not 4A violation

The delay between the search and the seizure of defendant’s cell phones seized on his arrest was 101 days long, but, compared to the reduced privacy interest in the phone because of evidentiary value, it was not constitutionally unreasonable. United … Continue reading

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ID: Drug dog’s nose through a car window before alerting is a search and a Jones trespass

A drug dog’s nose through a car window before alerting is a search and a Jones trespass. De minimis, yet, but still a trespass. There was no probable cause for the automobile exception, and the state waived standing by not … Continue reading

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D.N.J.: Generalized “street tip” about defendant wasn’t RS

The street tip officers got was transmitted now third hand to the stopping officer. The tips were unremarkable about their credibility and weight. The court finds no reasonable suspicion for defendant’s stop. United States v. Joyner, 2021 U.S. Dist. LEXIS … Continue reading

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D.D.C.: Def abandoned a gun in flight up stairs in a house

Defendant fled up stairs when the police entered on a search warrant. He was captured finally on the third floor landing and was brought downstairs. A gun was found where he was lying on the floor. It was abandoned. United … Continue reading

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OH12: Exclusionary rule doesn’t apply to violations of statute unless it also violates 4A

A statutory violation is not subject to suppression unless it also shows a violation of the Constitution. “Suppression is a remedy only for a violation of the Fourth Amendment, which in turn, only requires that a search and seizure be … Continue reading

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M.D.Pa.: Google Translate is not constitutionally sufficient to attempt to get consent from a non-English speaking motorist

Google Translate is not constitutionally sufficient to attempt to get consent from a non-English speaking motorist. Some of the translations here were non-sensical. Alternatively, however, the search was valid under the automobile exception. United States v. Ramirez-Mendoza, 2021 U.S. Dist. … Continue reading

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